Gun crimes at the state and federal levels are typically penalized severely. Our attorneys can identify the exact charges against you, explain the potential consequences if you are convicted, and do what we can to mitigate those consequences.
Possession of a firearm by a prohibited person, concealed carrying without a license, possession of a firearm with an altered serial number, and the illegal sale and transfer of firearms are among the most common gun offenses in Pennsylvania. There are also federal gun charges for illegal firearms trafficking across state lines and possessing, branding, or using a firearm during the commission of another federal offense. Committing gun crimes while also committing another offense can lead to sentencing enhancements, additional criminal charges, and possibly even mandatory minimum sentences.
For a free, confidential case discussion with our gun crimes lawyers, call Kenny, Burns & McGill at (215) 774-5644 today.
What Are the Top Felony Gun Crimes in Wayne, PA
Pennsylvania charges many serious gun crimes as felonies, meaning you could spend years in state prison and have to pay thousands of dollars in fines, even if it is your first conviction for a firearm offense.
Possession by a Prohibited Person
In Pennsylvania, certain individuals are not allowed to own or carry a gun. There are many felony offenses that, if you are convicted of them, preclude you from owning a gun in Pennsylvania, such as crimes related to murder, aggravated assault, rape, aggravated indecent assault, and many more, including most domestic violence-related offenses. An individual may also be a “prohibited person” if they have a specific disability or health condition that precludes them from owning or carrying a gun.
Possession of a firearm by a prohibited person who cannot own a gun because of a previous felony conviction is charged as a second-degree felony. Possession of a firearm by a prohibited person can even be charged as a first-degree felony in certain situations, which carries a maximum sentence of 20 years before potential sentencing enhancements are applied.
Concealed Carrying without a License
You do not need a license to own a gun and keep it in your home in Wayne, but you do need a license to conceal carry a loaded firearm on your person or in your vehicle. Carrying a concealed firearm without a license can be charged as a first-degree misdemeanor on the first offense. It could also be charged as a third-degree felony on the first offense if the defendant is a prohibited person or committed a separate criminal offense while carrying a concealed firearm without a license.
Possession of Weapon with Altered Serial Number
No one in Pennsylvania may possess a firearm that has an altered or destroyed serial number. Anyone who does can be charged with a second-degree felony, which carries a potential sentence of up to 10 years in prison and $25,000 in fines.
Illegal Sale or Transfer
Illegally selling or transferring firearms or participating in “straw purchases” can also lead to serious consequences. A straw purchase occurs when someone purchases a gun under their own name for a person who could not legally obtain a firearm themselves. Pennsylvania enforces mandatory minimums for illegal firearm transfers and straw purchases under the Brad Fox Law, requiring a minimum 5-year prison sentence upon conviction.
Licensed dealers and other people who sell firearms in violation of Pennsylvania law can be charged with third-degree felonies and can lose their license to sell firearms for up to 3 years. For a second or subsequent violation of Pennsylvania’s laws for the sale and transfer of firearms, defendants can face second-degree felonies and up to 10 years in prison.
What Are the Top Federal Gun Crimes?
Individuals who allegedly violate federal gun laws for the possession, sale, or use of firearms during the commission of another crime can be charged at the federal level. Our gun crimes lawyers can also help defendants facing federal charges, not just those facing state charges in Pennsylvania.
Firearm Use in Violent and Drug Crimes
Possessing or carrying a firearm while committing a different violent or drug trafficking crime comes with a 5-year mandatory minimum prison sentence. For brandishing the weapon during the other offense, there is a 7-year mandatory minimum. And for discharging the firearm during the offense, there is a 10-year mandatory minimum sentence in federal prison.
Unlawful Possession of a Firearm for Felons
Felons with 3 or more convictions for violent federal felonies and serious drug offenses may not own a firearm. If they are arrested for unlawful possession of a firearm, felons could be charged with a federal offense and face a mandatory minimum of 15 years in federal prison.
Firearm Trafficking
Trafficking firearms and illegally dealing them across state lines can be charged as a federal offense and comes with serious consequences, like up to 15 years in prison.
Possession of Prohibited, Unregistered, or Undetectable Firearms
Possession of a firearm that is unregistered, possession of a firearm that is prohibited by federal law, and possession of a firearm that is undetectable by airport metal detectors are also federal offenses that can carry serious consequences.
What Can Happen if You Commit Another Crime with a Gun in Wayne, Pennsylvania?
If you commit another crime while in possession of an illegal firearm, you could face sentencing enhancements and additional criminal charges.
Sentencing Enhancements
Offenses are often elevated and enhanced when guns are used during the commission of another crime, such as a robbery or assault. Judges typically impose sentencing enhancements in these scenarios, so you could face more than the maximum for a specific offense if you use or have a gun while committing another crime.
Additional Charges
If you are illegally carrying a firearm while committing another crime, you could face additional charges. Defendants are not only charged with the underlying offense, such as robbery or assault, but also for illegal gun possession or concealed carrying without a license.
Contact Us About Gun Charges in Wayne, PA
For a free, confidential case discussion with our gun crimes lawyers, call Kenny, Burns & McGill at (215) 774-5644 today.
